GOPAL SARKAR @ GOPAL CH SARKAR v. THE ASSAM FISHERIES DEVELOPMENT CORPORATION LTD AND 3 ORS.
WP(C)/1728/2025 · 2025-03-27
Lanusungkum Jamir
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9797 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9797 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010063482025
2025:GAU-AS:3624
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1728/2025 GOPAL SARKAR @ GOPAL CH SARKAR S/O-LATE KHUSI MOHAN SARKAR, R/O- CHALANTAPARA PART-I, PO- CHALANTAPARA, DIST- BONGAIGAON, ASSAM VERSUS THE ASSAM FISHERIES DEVELOPMENT CORPORATION LTD AND 3 ORS. HAVING ITS OFFICE AT CHACHAL,VIP ROAD, GUWAHATI, DIST- KAMRUP(M), ASSAM , PIN-781036, REP.BY ITS MANAGING DIRECTOR. 2:THE MANAGING DIRECTOR THE ASSAM FISHERIES DEVELOPMENT CORPORATION SITUATED AT CHACHAL VIP ROAD GUWAHATI
DIST- KAMRUP(M) ASSAM PIN-781036. 3:THE SUPERINTENDENT THE ASSAM FISHERIES DEVELOPMENT CORPORATION LTD SITUATED AT CHACHAL VIP ROAD GUWAHATI
DIST- KAMRUP(M) ASSAM PIN-781036. 4:THE DISTRICT FISHERY DEVELOPMENT OFFICER BONGAIGAON
Page No.# 2/4 ASSAM Advocate for the Petitioner : MR. M DUTTA, MR. S K SINGHA,MR. N C DAS Advocate for the Respondent : SC, AFDC,
BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 28.03.2025 Heard Mr. M. Dutta, learend counsel for the petitioner. 2. Pursuant to a Tender Notice No. 01/2018 inviting sealed Tenders for settlement of Meen Mahals under different Districts under the Assam Fisheries Development Corporation Limited for a period of seven years with effect from the financial year 2018-2019, the petitioner submitted his Tender for the Doloni Meen Mahal, Bongaigaon. Thereafter, the petitioner was settled with the Doloni Meen Mahal, Bongaigaon by an order dated
16.02.2019. It is the case of the petitioner that by the order dated 16.02.2019, the petitioner was settled with the Doloni Meen Mahal only for a period of six years and in the said order, it was also stated that the extension for one year would be considered at a later stage. The said fishery in question was handed over to the petitioner from 01.04.2019 and since then, the petitioner is running the said fishery till date. Prior to the expiry of six years, the petitioner made a representation before the Managing Director, Assam Fisheries Development Corporation Limited on 18.05.2024 with a request for settlement of Doloni Fishery under Bongaigaon District for another one year from 31.03.2025 in view of the settlement order dated 16.02.2019 and with a further prayer for extension
Page No.# 3/4 of the settlement period for another two years considering the loss suffered by the petitioner during the Covid-19 Pandemic.
However, as no steps were taken, the petitioner filed another representation on 10.02.2025 before the Director of Assam Fisheries Development Corporation Limited with a request for extension of one year as mentioned in the allotment order dated 16.02.2019. 3. In the meantime, the Managing Director, Assam Fisheries Development Corporation Limited floated Tender Inviting Notice No.01/2025 on 11.03.2025, for settlement of 13(thirteen) Meen Mahals including the Doloni Meen Mahal, Bongaigaon, which is presently allotted with the petitioner. The Tender Notice dated 11.03.2025 further states that the quotation will be accepted up to 28.03.2025 and the Tenders will be opened on 28.03.2025. 4. The petitioner being aggrieved with the issuance of the Tender Inviting Notice dated 11.03.2025 is before this Court on the ground that the representations made by the petitioner on 18.05.2024 and 10.02.2025 for extension of his settlement period of the Doloni Meen Mahal under Bongaigaon District has not been considered and the respondents have proceeded with the Tender Inviting Notice. 5. This Court on 26.03.2025 directed the respondent No.2/Managing Director, Assam Fisheries Development Corporation Limited to dispose of the representations of the petitioner dated 18.05.2024 and 10.02.2025 on or before 27.03.2025 and directed this case to be listed today. 6. Today when the matter is taken up, Mr. P. Sharma, learned Standing Counsel, AFDC has produced an order dated 27.03.2025 issued by the
Page No.# 4/4 Managing Director, Assam Fisheries Development Corporation Limited, wherein the Doloni Meen Mahal has been withdrawn from the NIT No.01/2025. He has also produced a communication dated 27.03.2025 issued by the respondent No.2/Managing Director, Assam Fisheries Development Corporation Limited and addressed to the petitioner asking the petitioner to attend the office of the respondent No.2 for a hearing along with the petitioner’s Advocate on 04.04.2025. He accordingly, submits that as the Doloni Meen Mahal has been withdrawn from the NIT No.01/2025, the present writ petition may be closed. 7.
After hearing the learned counsel for the parties and taking into
consideration the order dated 27.03.2025 as well as the communication dated 27.03.2025, this writ petition is accordingly disposed of with a further direction to permit the petitioner to run the said Doloni Meen Mahal till a decision is taken by the respondent authorities.
8. With the above observations and direction, this writ petition is
disposed of.
JUDGE Comparing Assistant